2001 (3) TMI 1036 - SC - Indian Laws

Summary

Issues Involved:
The territorial jurisdiction of the Magistrate at Bhagalpur to try the offence under Section 304B IPC.

Summary:

Territorial Jurisdiction Issue:
The accused challenged the territorial jurisdiction of the Magistrate at Bhagalpur to try the offence under Section 304B IPC, as the incident occurred in Uttar Pradesh. The accused contended that the Magistrate in Bhagalpur lacked jurisdiction based on Section 177 of the Code of Criminal Procedure. However, the Supreme Court found no merit in this argument, as the law allows for exceptions to the general rule of territorial jurisdiction. The Court cited previous cases and the Law Commission's report to support this view. The High Court had also considered the events leading to the offence under Section 304B and concluded that the Magistrate at Bhagalpur had jurisdiction to try the case. The Court upheld this decision, stating that the acts formed part of the same transaction, as per Section 220 of the Criminal Procedure Code. Therefore, the appeal was dismissed, the interim stay order was vacated, and the Magistrate was directed to proceed with the case promptly.

In conclusion, the Supreme Court affirmed the jurisdiction of the Magistrate at Bhagalpur to try the offence under Section 304B IPC, rejecting the accused's challenge to the territorial jurisdiction based on the location of the incident in Uttar Pradesh. The Court emphasized the application of legal principles and previous judgments in determining the jurisdictional issue, ultimately upholding the decision of the High Court in this matter.